A DRESS CODE TO VOTE | SCOTUS Looks To Congress On Data Havens | A Final, Final Plea From Pennsylvania
February 28, 2018
NO POLITICS AT A POLLING PLACE
|At SCOTUS today is a case out of Minnesota that challenges the state’s ban on wearing t-shirts, or any other article of clothing, that display a political message to a polling place. The state argues the law keeps the voting environment calm and free from voter intimidation. But opponents of the law are arguing that it infringes their free speech.
TOP-ED
|In The Wall Street Journal, Ilya Shapiro argues that “it’s vital that the Supreme Court defend voters’ right to express themselves so long as they don’t prevent other voters from going about their civic business.” He says Minnesotans may be nice, but this law infringing on First Amendment protections isn’t so nice.
NO BAIL OUT FROM SCOTUS
|Yesterday, the Supreme Court ruled that those facing deportation who are being held by the government are not entitled to a bond hearing even after months or even years of detention. The high court fell down 5 to 3 on the case, with JUSTICE ELENA KAGAN recusing herself due to her prior work for PRESIDENT OBAMA as his solicitor general.
DEAR CONGRESS, YOU'VE GOT MAIL
|The justices on Tuesday wrestled over the international dispute over emails that comes to the court by way of a case that pits tech giant Microsoft against the federal government. It was clear from yesterday’s arguments that a majority of justices wish for Congress to address the issue. The case hinges on a 1986 law enacted well before big-data became so integral in our way of life. At the time, JUSTICE RUTH BADER GINSBURG remarked, “This kind of storage doesn’t exist.” No one knew what it was or how it might impact, say, international investigations as it does in the case currently before the court. And yesterday, RBG looked to Congress to make up for lost time. “If Congress takes a look at this, realizing that much time and innovation has occurred since 1986, it can write a statute that takes account of various interests. If Congress wants to regulate in this brave new world, it should do it.”
WHAT'S THE CONSTITUTION GOT TO DO, GOT TO DO WITH IT
|Slate’s Mark Joseph Stern reacts to Monday’s arguments in the case of Janus V. AFSCME which he says was “designed to let the court’s five Republican appointees kneecap the Democratic Party.” Per usual, MJS is giving it to us straight and allowing us no room to wonder where he stands on this case. He writes, “Everything about Janus reeks of illegitimacy. The legal claim is laughable, the outcome preordained; even the ostensible plaintiff, Mark Janus, is a puppet.”
ANOTHER FINAL PLEA
|Tuesday, GOP leaders of the state House and Senate in Pennsylvania asked the U.S. Supreme Court for an emergency stay blocking the implementation of new congressional maps drawn by the state supreme court. This is the second time the GOP leaders in Pennsylvania have called on the Supreme Court to save the day for them, but this would be their final, final way of putting a stop to the maps before the 2018 elections. Ariane de Vogue and Eric Bradner with CNN report.
SCOTUS VIEWS
The Supreme Court Is Set To Reconsider Campaigning At The Ballot Box. Justice Scalia Got It Right The First Time.
Slate“There is a time for politicking and a time for voting. A ruling for Minnesota would ensure that states can recognize the tranquility of the ballot box, especially at a time where our national politics are heated to the point of inspiring violence at the voting booth. Justice Scalia is gone, but let’s hope that the Supreme Court’s remaining First Amendment stalwarts continue to recognize this sanctity.”
Trump's War On The Courts Is A War On Democracy Itself
Take Care Blog“Protect Democracy has been tracking President Trump’s unprecedented attacks on the courts and drafted a white paper explaining how these attacks follow the script that autocrats have used to cripple the courts’ ability to restrain unlawful government actions in authoritarian regimes. In short, it’s how autocrats accrue and maintain power. We’ve seen this play out most recently in Turkey, Poland, and Hungary where strongmen rose to power and undercut the courts in their respective countries with public denunciations not dissimilar from what we are seeing from President Trump.”
OTHER NEWS
The Conservative Supreme Court Majority Was Built To Crush Unions
HuffPost“Gutting labor union power was never just about establishing management power in the workplace, but also about gutting labor unions’ political power. Union members have long been able to opt out of making political contributions to union political action committees. But, as anti-labor activists pointed out back in the 1940s, unions also derive power from their ability to fund efforts to advocate for policies on behalf of their workers and keep workers connected to politics in their communities.”